B-181830, JAN 24, 1975

B-181830: Jan 24, 1975

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600 BY FORMER MEMBER OF PHILIPPINE SCOUTS INCIDENT TO SERVICE IN USAFFE IS SUSTAINED BECAUSE UNDER THE LAW IN EFFECT AT THE TIME OF CLAIMANT'S DISCHARGE (MUSTERING-OUT PAYMENT ACT OF 1944. BROSOTO: THIS ACTION IS IN RESPONSE TO A LETTER DATED MARCH 4. WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY. PSAUS IN ALASKA AND USAFFE IN THE PHILIPPINES ARE ENTITLED TO AN AMOUNT OF $3. WAS INDUCTED INTO THE PHILIPPINE SCOUTS ON FEBRUARY 15. AT WHICH TIME HE WAS HONORABLY DISCHARGED THEREFROM. WAS NOT AUTHORIZED TO SETTLE SUCH CLAIMS FOR THE YEARS 1942- 1946. HIS CLAIM WAS DISALLOWED BECAUSE THE CLAIMS DIVISION WAS UNAWARE OF ANY STATUTORY PROVISION WHEREBY ANY MEMBER OF THE UNIFORMED SERVICES. WE ARE UNABLE TO IDENTIFY THE ACT (ACT NO. 88) TO WHICH MR.

B-181830, JAN 24, 1975

DISALLOWANCE BY GAO SETTLEMENT OF CLAIM FOR MUSTERING-OUT PAY IN THE SUM OF $3,600 BY FORMER MEMBER OF PHILIPPINE SCOUTS INCIDENT TO SERVICE IN USAFFE IS SUSTAINED BECAUSE UNDER THE LAW IN EFFECT AT THE TIME OF CLAIMANT'S DISCHARGE (MUSTERING-OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691, ET SEQ. (1946 ED.), AS MADE APPLICABLE TO PHILIPPINE SCOUTS BY ACT OF MAY 27, 1946, CH. 271, 60 STAT. 223) SUCH PAYMENT SHALL BE AT RATE OF 1 PESO FOR EACH DOLLAR AUTHORIZED BY 1944 ACT. FURTHER, FILE INDICATES CLAIMANT RECEIVED MAXIMUM ALLOWABLE UNDER THE LAW.

CLAIM FOR MUSTERING-OUT PAY IN SUM OF $3,600 - MR. ADELON R. BROSOTO:

THIS ACTION IS IN RESPONSE TO A LETTER DATED MARCH 4, 1974, FROM MR. ADELON R. BROSOTO, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY, CONCERNING HIS CLAIM FOR MUSTERING-OUT PAY IN THE AMOUNT OF $3,600 INCIDENT TO HIS DISCHARGE FROM THE PHILIPPINE SCOUTS ON JUNE 30, 1946.

MR. BROSOTO INDICATED THAT HE HAD HEARD FROM RELIABLE SOURCES THAT "THE PROVISIONS OF ACT. NO. 88 OF THE U.S. CONGRESS DATED JANUARY 9, 1963, AND APPROVED ON SEPTEMBER 30, 1969, UNDER THE PROVISION OF 311 322 (MUSTERING- OUT PAY LAW)," PROVIDE THAT ALL FORMER MEMBERS OF THE PHILLIPINE SCOUTS, PSAUS IN ALASKA AND USAFFE IN THE PHILIPPINES ARE ENTITLED TO AN AMOUNT OF $3,600. FURTHER, THAT AS A MEMBER OF THE USAFFE IN THE PHILIPPINES DURING WORLD WAR II HE WISHED TO MAKE CLAIM FOR THE AMOUNT DUE HIM UNDER THAT LAW.

THE FILE INDICATES THAT THE CLAIMANT, ADELON R. BROSOTO, WAS INDUCTED INTO THE PHILIPPINE SCOUTS ON FEBRUARY 15, 1941, AND SERVED IN THAT CAPACITY UNTIL JUNE 30, 1946, AT WHICH TIME HE WAS HONORABLY DISCHARGED THEREFROM. THE FILE FURTHER INDICATES THAT HE RECEIVED THE MAXIMUM ALLOWABLE MUSTERING-OUT PAY PURSUANT TO THE PROVISIONS OF THE MUSTERING OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691, ET SEQ. (1946 ED.). IN THIS REGARD, THE FILE CONTAINS A LETTER DATED OCTOBER 5, 1948, FROM THE ASSISTANT CHIEF, CLAIMS DIVISION, GENERAL ACCOUNTING OFFICE, ADDRESSED TO THE ARMY CHIEF OF FINANCE, WHICH RETURNED PAPERS IN THE CASES OF 10 VETERANS (INCLUDING BROSOTO, ADELON R. - ASN 10,305,024 - CASE NO. IM-2987 - GAO CLAIM NO. 3055410), WHICH HAD BEEN FORWARDED TO OUR CLAIMS DIVISION FOR DIRECT SETTLEMENT OF ADDITIONAL MUSTERING-OUT PAY, FOR THE REASON THAT THE ADJUSTMENT DIVISION, ARMY FINANCE CENTER, ST. LOUIS, MISSOURI, WAS NOT AUTHORIZED TO SETTLE SUCH CLAIMS FOR THE YEARS 1942- 1946, SINCE IT INVOLVED LAPSED APPROPRIATIONS.

IN 1970, MR. BROSOTO MADE FURTHER CLAIM FOR ADDITIONAL MUSTERING-OUT PAY AND BY SETTLEMENT OF OUR CLAIMS DIVISION DATED MAY 21, 1971, HIS CLAIM WAS DISALLOWED BECAUSE THE CLAIMS DIVISION WAS UNAWARE OF ANY STATUTORY PROVISION WHEREBY ANY MEMBER OF THE UNIFORMED SERVICES, INCLUDING PHILIPPINE SCOUTS, WOULD BE ENTITLED TO RECEIVE MUSTERING-OUT PAY IN THE AMOUNT OF $3,600.

ON REVIEW OF THIS MATTER, WE ARE UNABLE TO IDENTIFY THE ACT (ACT NO. 88) TO WHICH MR. BROSOTO REFERS. THE APPARENT REFERENCE TO PUBLIC LAW 88-88, WHICH WAS APPROVED AUGUST 5, 1963, IS NOT CORRECT BECAUSE THAT ACT DOES NOT IN ANY WAY RELATE TO MUSTERING-OUT PAY. NO LAWS WERE ENACTED BY CONGRESS ON JANUARY 9, 1963, OR ON SEPTEMBER 30, 1969, THE DATES CITED BY THE CLAIMANT.

THE PROVISIONS OF LAW GOVERNING MUSTERING-OUT PAY WHICH WERE IN EFFECT AT THE TIME MR. BROSOTO WAS DISCHARGED FROM THE PHILIPPINE SCOUTS WERE CONTAINED IN THE MUSTERING-OUT PAYMENT ACT OF 1944, PREVIOUSLY CITED, SECTION 2(A)(1) OF WHICH PROVIDES FOR A MAXIMUM OF $300 TO PERSONS WHO SERVED 60 DAYS OR MORE OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR ALASKA. APPLICABLE REGULATIONS ISSUED BY THE DEPARTMENT OF THE ARMY UNDER AUTHORITY OF THAT ACT ARE CONTAINED IN PARAGRAPHS 313-322 OF TECHNICAL MANUAL 14-502.

IN CONNECTION WITH THE 1944 ACT, TITLE II OF THE ACT OF MAY 27, 1946, CH. 271, 60 STAT. 223, PROVIDED THAT SUCH ACT SHOULD BE DEEMED APPLICABLE TO PERSONS WHO PERFORMED SERVICE IN THE PHILIPPINE SCOUTS UNDER SECTION 14 OF THE ACT OF OCTOBER 6, 1945, CH. 393, 59 STAT. 543. HOWEVER, PAYMENT WAS TO BE AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED BY THE 1944 ACT. IN OTHER WORDS, THE MAXIMUM AMOUNT WHICH COULD BE PAID TO A PHILIPPINE SCOUT UPON DISCHARGE, WAS 300 PESOS.

SINCE THE FILE INDICATES THAT THE CLAIMANT WAS PAID THE MAXIMUM AMOUNT ALLOWABLE PURSUANT TO THAT ACT THERE IS NO AUTHORITY FOR THE PAYMENT OF THE CLAIM. ACCORDINGLY, THE ACTION TAKEN BY THE CLAIMS DIVISION IS SUSTAINED.